PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 June 2003
         DOCKET NUMBER: AR2003086317


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Marla J. N. Troup		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that he be awarded the Purple Heart and the Good Conduct Medal, as well as any campaign medals, to which he may be entitled.

3. The applicant states, in effect, that he never received any of his medals. He was wounded in Dong Ha during an artillery or rocket attack. He was treated by medics at the 108th Artillery Group, but was not awarded the Purple Heart.

4. The applicant submitted a copy of his DD Form 214, Report of Transfer or Discharge, and a copy of three Standard Forms (SF) 600, Chronological Record of Medical Care, in support of his application.

5. The applicant’s military records show that he enlisted in the Army on
8 March 1967. He received his basic combat and his advanced individual training at Fort Jackson, South Carolina. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 36K, Field Wireman, and was assigned to Headquarters Battery, 108th Artillery Group, Fort Riley, Kansas.

6. On 1 October 1967, the applicant's unit was reassigned to and arrived in Vietnam on 2 October 1967. On 28 March 1968, he was reassigned to C Battery, 5th Battalion, 16th Artillery Regiment, 4th Infantry Division. He remained with that unit until he completed his overseas tour on 2 October 1968.

7. The applicant was honorably released from active duty on 6 March 1970 at the expiration of his term of service. He was transferred to the US Army Reserve Control Group (Reinforcement) in the rank and pay grade, Sergeant, E-5. On his release from active duty, he had 2 years, 11 months, and 29 days active Federal service with no lost time. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows that he was awarded the following: National Defense Service Medal; Vietnam Service Medal with 4 bronze service stars; the Republic of Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The Purple Heart, the Good Conduct Medal, and other awards are not shown on the DD Form 214.

8. While in the Republic of Vietnam, he participated in the following four campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968. A bronze service star has already been awarded for his participation in

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each of these campaigns, and so, campaign awards will no be discussed further in these proceedings.

9. The applicant's name does not appear on the Vietnam Casualty List. The
SFs 600 that the applicant submitted in support of his application shows that he was treated on 18 March 1968 at the Aid Station for the 108th Artillery Group for removal of a foreign body from his right forearm. The wound was cleaned of debris, closed with 4 silk sutures, and the applicant was given a tetanus shot.

10. On 10 April 1968 the applicant was treated for inflammation of old scar tissue of a duration of about one week. The wound was slightly swollen. The entry continued, "Had splinter remove about one month ago. On 11 May 1968, the applicant's stitches, which had been put in on 18 March 1968, were removed from his right forearm."

11. Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), is blank. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

12. Army Regulation 600-8-22 sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.

13. The above regulation provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (a) the wound was the result of hostile action; (b) the wound required medical treatment; and (c) the medical treatment was made a matter of official record.

14. The same regulation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that the unit the applicant initially served with in

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Vietnam: Headquarters and Headquarters Battery, 108th Artillery Group, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders (DAGO) Number 8 dated 1974.. The other unit the applicant served with: B Battery, 5th Battalion, 16th Artillery Regiment, 4th Infantry Division, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974. This same unit was also awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by DAGO Number 53, dated 1970. The applicant's DD Form 214 does not show these as authorized awards.

16. Army Regulation 670-1, in effect at the time, governed the requirements for the Overseas Service Bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

CONCLUSIONS:

1. There is no evidence and the applicant has provided none that he was wounded in action against a hostile force while in the Republic of Vietnam during an artillery or rocket attack. He is therefore not eligible for award of the Purple Heart.

2. There is no evidence of any indiscipline or that any of his unit commanders disqualified him from award of the Army Good Conduct Medal. The applicant was promoted to the rank of Sergeant in just over 28 months. On his release from active duty he was given a Reenlistment Eligibility Code of 1, which is translated to "fully qualified to reenlist." It appears that he was not awarded the Good Conduct Medal due to administrative oversight and he is therefore entitled to this award for the period for the period 8 March 1967 through 6 March 1970 and to have this award shown on his DD Form 214.

3. The applicant served with Headquarters and Headquarters Battery, 108th Artillery Group, during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. The applicant also served with: B Battery, 5th Battalion, 16th Artillery Regiment, 4th Infantry Division, which was awarded the

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Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. The applicant's
DD Form 214 does not show these as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

4. The applicant served in the Republic of Vietnam from 2 October 1967 through 2 October 1968. He is therefore eligible for award of 2 overseas service bars. It would be appropriate to add them to his DD Form 214 at this time.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all Department of the Army records related to this case be corrected by awarding the applicant the Good Conduct Medal for the period 8 March 1967 through 6 March 1970; two awards of the Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and 2 Overseas Service Bars, and adding these awards to his DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__fne___ __hof___ __mjnt__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086317
SUFFIX
RECON
DATE BOARDED	20030617
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.